Limiting power of local authorities.

thus posted to be kept up and in place during the time preceding the date of such speed tests.

SEC. 20. Subject to the provisions of this act, local authorities shall have no power to pass, enforce or maintain any ordinance, rule or regulation requiring of any owner or proprietor of a motor vehicle any license or permit to use the public highways, or excluding or prohibiting any motor vehicle whose owner has complied with the provisions of this act from the free use of such highways, except such driveway, speedway or road as has been or may be expressly set apart by law for the exclusive use of horses and light carriages, or that shall in any way affect the registration or numbering of motor vehicles or prescribing a greater rate of speed than is herein specified at which such vehicles may be operated, or the use of the public highways, contrary to or Ordinances, etc., inconsistent with the provisions of this act; and all such ordinances, rules or regulations now in force are hereby declared to be of no validity or effect.

inoperative.

parks.

Regulate speed in SEC. 21. Local authorities may, notwithstanding the provisions of this act, make, enforce and maintain such reasonable ordinances, rules or regulations concerning the speed at which motor vehicles may be operated in any park or parkway within a city or incorporated village, but in no case to permit a greater speed than is provided in this act, and as a condition thereto, such local authorities must, by signs at each entrance of such park and along said parkway, conspicuously indicate the rate of speed permitted or required and may exclude motor vehicles from any cemetery or grounds used for the burial of the dead.

Signs, etc.

Rights of civil actions not affected.

Penalty for violation of act.

Jurisdiction of justices, etc.

SEC. 22. Nothing in this act shall be construed to curtail or abridge the right of any person to prosecute a civil action for damages by reason of injuries to person or property resulting from the negligence of the owner or operator, or his agent, employe or servant, of any such motor vehicle, or re sulting from the negligent use of the highway by them or any of them.

SEC. 23. Any person violating any of the provisions of this act and who shall be convicted thereof, or who shall plead guilty to any complaint for the violation thereof, shall be punished by a fine not exceeding twenty-five dollars and costs of prosecution; or if such fine is not paid then by imprisonment in the county jail for not exceeding ten days; for the second offense he shall be punished by a fine not exceeding fifty dollars and costs of prosecution; or if such fine is not paid then by imprisonment in the county jail for not exceeding thirty days and for a third, or any subsequent offense, he shall be punished by a fine not exceeding one hundred dollars and costs of prosecution or by imprisonment in the county jail or the Detroit house of correction for a period not exceeding thirty days, or by both such fine and imprisonment.

SEC. 24. All police justices of any city, or justices of the peace of any township, where any such violation shall occur,

shall have jurisdiction to hear, try and pass sentence for any and all violations of any of the provisions of this act.

construed.

SEC. 25. The term county jail referred to in section twenty- County jail, how three of this act, shall be construed to mean the county jail of any county where the violation of any of the provisions of this act shall occur, and the Detroit house of correction shall be construed to mean the institution of that name located in the city of Detroit, this State.

relative to

SEC. 26. Any police officer of any city; any marshal, dep- Proceedings uty marshal or watchman of any incorporated village; or any arrests, etc. sheriff or deputy sheriff of any county or any constable of any township, shall have full power and authority within the limits of their jurisdiction or in any adjoining county to arrest any person known personally to any such officer to have violated any of the provisions of this act, and to immediately bring such offender before any magistrate having jurisdiction, as provided in section twenty-four of this act, and any such person so arrested shall have the right of an immediate trial and all other rights given to any person arrested for having committed a misdemeanor; and if such hearing cannot then be had, be released from custody on giv ing his personal undertaking to appear in answer for such violation, at such time and place as shall then be indicated, secured by the deposit of a sum equal to the maximum fine for the offense with which he is charged, or in lieu thereof, by leaving the motor vehicle, being operated by such person, with such officer; or, in case such officer is not accessible, be forthwith released from custody on giving his name and address to the officer making such arrest, and depositing with such officer a sum equal to the maximum fine for the offense for which such arrest is made, or in lieu thereof, by leaving the motor vehicle, being operated by such person, with such officer: Provided, That in such case the officer making such Proviso. arrest shall give a receipt in writing for such sum or vehicle and notify such person to appear before the most accessible magistrate, naming him, on that or the following day, specifying the place and hour. In case security shall be deposited, as in this subdivision provided, it shall be returned to the person depositing, forthwith on such person being admitted to bail.

SEC. 27. All acts and parts of acts inconsistent herewith Repealing clause. or contrary hereto, so far as they are inconsistent or contrary,

are hereby repealed.

This act is ordered to take effect June fifteen, nineteen hundred five.

Approved June 13, 1905.

Sections amended.

Board of county

road commission

Proviso, to be appointed in Wayne county.

By whom, term, etc.

[No. 197.]

AN ACT to amend sections six and eight of act number one hundred forty-nine of the public acts of eighteen hundred ninety-three, entitled "An act to provide for a county and township system of roads and to prescribe the powers and duties of the officers having the charge thereof."

The People of the State of Michigan enact:

SECTION 1. That sections six and eight of act number one hundred forty-nine of the public acts of eighteen hundred ninety-three, entitled "An act to provide for a county and township system of roads and to prescribe the powers and duties of the officers having the charge thereof" shall read as follows:

SEC. 6. In any county where the county road system shall ers to be elected. be adopted, a board of county road commissioners, not exceeding five in number, shall be elected by the people of such county: Provided, however, If the county road system shall be adopted in Wayne county, there shall be three road commissioners, and they shall be appointed, and in the following manner: (a) The county clerk shall appoint one county road commissioner from that portion of the county lying west of the township line road running north and south through the village of Inkster, who shall serve two years from the first day of May in the year in which he receives his appointment. At the expiration of his term, the county clerk shall appoint his successor for the full term of six years, and another every six years thereafter from the same section of the county. (b) The county clerk shall appoint another county road commissioner from that portion of the county lying east of the aforesaid township line road, who shall serve four years from the first day of May in the year in which he receives his appointment. At the expiration of his term, the county clerk shall appoint his successor for the full term of six years, and another every six years thereafter from the same section of the county. (c) The mayor of the city of Detroit shall appoint one county road commissioner from that portion of Wayne county known as Detroit, who shall serve six years from the first day of May in the year in which he receives his appointment, and it shall be the duty of the mayor of the city of Detroit to make an appointment of a county road commissioner every six years thereafter from the city of Detroit.

Vacancy, how filled.

SEC. 8. In case a vacancy shall occur in the office of county road commissioners, the board of supervisors may appoint a commissioner to fill such vacancy, who shall hold office until the first day of May then next following. At the general election to be held on the first Monday in April preceding such first day of May, a commissioner shall be elected for the un

expired term of such vacancy. Each commissioner shall hold his office until his successor is elected and qualified. The Compensation. board of supervisors shall fix the compensation of such commissioners, except in the county of Wayne, where the compensation shall be five dollars per diem, for such time as the commissioners shall serve the county in the capacity as county road commissioners, and all vacancies shall be filled by appointment for remainder of term by the same official who appointed the commissioner who has vacated the office, and from that same division of the county must the appointment be made.

SEC. 2. All acts or parts of acts inconsistent with this act Repealing clause. in application to Wayne county are hereby repealed. Approved June 13, 1905.

[No. 198.]

AN ACT to prohibit the use of ferrets in hunting or killing rabbits in certain counties of this State.

The People of the State of Michigan enact:

hunt rabbits

SECTION 1. It shall hereafter be unlawful for any person Unlawful to or persons to use a ferret for the purpose of hunting or killing with ferrets in rabbits in the counties of Tuscola, Lapeer, Cass, Kalamazoo, certain counties. Saginaw, Paw Paw township in Van Buren, Charlevoix, Grand Traverse, Ingham, except the city of Lansing and Lansing and Meridian townships, Lake, Livingston, Washtenaw, Calhoun, Ottawa, Clinton, Kent, Macomb, Barry, Jackson, Monroe and in the county of Allegan except in the townships of Laketown, Saugatuck, Ganges and Casco.

SEC. 2. A violation of this act shall be punished by a fine of Penalty for ten dollars and costs of prosecution, or imprisonment, until violation. such fine is paid, not exceeding thirty days.

SEC. 3. All acts or parts of acts inconsistent with this act Repealing clause. are hereby repealed.

Approved June 13, 1905.

Section amended.

Question of

road system. when submitted

Form of resolution.

[No. 199]

AN ACT to amend section one of act one hundred forty-nine of the public acts of eighteen hundred ninety-three, being section four thousand two hundred sixty-two of the Compiled Laws of eighteen hundred ninety-seven, entitled "An act to provide for a county and township system of roads, and to prescribe the powers and duties of the officers having the charge thereof."

The People of the State of Michigan enact:

SECTION 1. Section one of act one hundred forty-nine of the public acts of eighteen hundred ninety-three, being section four thousand two hundred sixty-two of the Compiled Laws of eighteen hundred ninety-seven, entitled "An act to provide for a county and township system of roads, and to prescribe the powers and duties of the officers having the charge thereof," is hereby amended to read as follows:

SECTION 1. That the board of supervisors of any county adopting county shall on petition of not less than ten freeholders residing in each of the several townships in any county submit the question of adopting the county road system to a vote of the electors of such county, in the manner prescribed by this act. Such vote may be taken at a general or special election called for that purpose, and the following form of resolution shall be sufficient for submitting the question, viz.: "Resolved, That the question of adopting the county road system be submitted to a vote of the electors of the county of .. at (the general or special election) to be held on the day of nineteen hundred eleven." If a special election is to be called, a clause added to the resolution in form following shall be sufficient for that purpose, viz.: "And a special election is hereby called to be held in the several townships (and wards) of said county on the day last aforesaid, for the purpose of taking such vote." Approved June 13, 1905.

Children of certain ages required to attend school.

[No. 200.]

AN ACT to provide for the compulsory education of children, for penalties for failure to comply with the provisions of this act, and to repeal all acts or parts of acts conflicting with the provisions of the same.

The People of the State of Michigan enact:

SECTION 1. Every parent, guardian or other person in the State of Michigan having control and charge of any child or children between and including the ages of seven and fifteen